Source: All England Reporter
Publisher Citation: [2002] All ER (D) 83 (Jul)
Court: Administrative Court

Gibbs J

Representation Robert Bryan (instructed by Bernard Chill & Axtell) for the defendant.
  Kate Lumsdon (instructed by the Crown Prosecution Service, Southampton) for the prosecution.
Judgment Dates: 4 July 2002


Crown Court - Appeal to Crown Court - Power of court on appeal - Ambiguity said to arise about extent of defendant's remaining sentence following Crown Court allowing appeal against conviction - Crown Court inviting defendant to bring appeal against sentence to clarify situation - Crown Court subsequently increasing sentence following appeal - Whether unfair or unjust - s 48.

The Case

Although the Crown Court had increased the sentence to be served by the defendant as a result of his appeal to clarify the confusion about his sentence that arose as a result of part of that sentence imposed being quashed, that increase could not be described as unfair or unjust, nor could it be said that the defendant had a legitimate expectation that he would not worse off as a result of the appeal, since the Crown Court was doing that which it was procedurally bound to do under s48 of the .

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